DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2022-135386, filed on 08/26/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/13/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed on 07/13/2023 were reviewed and are acceptable.
Specification
The specification filed on 07/13/2023 was reviewed and is acceptable.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a negative electrode layer comprising a lithium metal layer, an intermediate layer, a solid electrolyte layer, and a positive electrode layer stacked in this order,” in lines 1-4. It is unclear whether the negative electrode layer comprises the positive electrode layer or not.
For purposes of this Office Action, it will be assumed that the positive electrode layer is not intended to be comprised in the negative electrode layer.
Claims 2-4 are rejected for depending upon claim 1.
Claim 3 recites the limitation “wherein all of surfaces on a negative electrode layer side among surfaces of the protective layer perpendicular to the stacking direction abut against and are covered with an insulating layer”. It is unclear whether side refers to the negative electrode side or whether all surfaces side the surfaces of the protective layer.
For purposes of this Office Action, it will be assumed that it is intended to recite the former rather than the latter.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US 2019/0393486 A1; hereinafter "He"), in view of Cui et al. (CN 110085868 A; hereinafter “Cui”; see attached machine translation for reference).
Regarding claim 1, He discloses a lithium metal secondary battery ([0014]) having a negative electrode layer (anode, [0014]) comprising a lithium metal layer ([0014]), an intermediate layer (first anode protecting layer, [0004]), a solid electrolyte layer (electrolyte, [0014]), and a positive electrode layer (cathode, [0014]) stacked in this order (see FIG. 2).
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He further discloses a protective layer (second anode-protecting layer, [0014]) that has ionic conductivity ([0014]) and no electron conductivity (separator that electronically separates, [0016]).
He fails to mention a negative electrode layer wherein at least one of outer peripheral surfaces of the intermediate layer along a stacking direction abuts against and is covered with a protective layer.
However, Cui teaches coating a thin film solid electrolyte B onto the outer surface of a lithium metal anode (Section 0065, Par. 4).
He and Cui are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium secondary batteries.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified He to incorporate the teachings of Cui to coat the outer peripheral surface of the intermediate layer comprised in the negative electrode with the protective layer. Doing so would result in a better charging and discharging effect (Section 0065, Par. 4), as recognized by Cui.
Regarding claim 2, modified He discloses all of the claim limitations as set forth above.
He further discloses that the protective layer has ionic conductivity ([0014], line 19-20).
With respect to the limitation, the protective layer has an ionic conductivity equal to or higher than an ionic conductivity of the solid electrolyte layer, it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited protective layer.
Applicant discloses, directed to the protective layer, such layers may each be, for example, a layer containing a solid electrolyte, similarly to the solid electrolyte layer (see Instant Specification [0036]).
Accordingly, it is reasonably interpreted that the content of the layer is critical to the recited ionic conductivity such that it would fulfil the recited measurements and necessarily possess the inherent properties.
He discloses a protective layer that contains a solid electrolyte.
It is submitted that the protective layer is substantially similar to the instant protective layer such that the components would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the prior art protective layer would inherently possess physical properties, e.g. ionic conductivity, such that the protective layer would necessarily fulfill the recited limitations, i.e. ionic conductivity equal to the solid electrolyte layer.
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the protective layer. The skilled artisan would reasonably find that the disclosed protective layer is so similar to the instant protective layer, that the prior art protective layer would also exhibit an ionic conductivity equal to or higher than an ionic conductivity of the solid electrolyte layer.
Regarding claim 4, modified He discloses all of the claim limitations as set forth above.
He further discloses , the protective layer (the elastomer, [0157]) is monolithically formed with the solid electrolyte layer (infiltrated with a liquid electrolyte, [0157]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified He to incorporate the teachings of Cui to monolithically form the protective layer with the solid electrolyte layer. Doing so would result in reducing the formation of dead lithium particles and the tendency to form dangerous Li dendrites [0157], as recognized by He.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US 2019/0393486 A1; hereinafter "He"), in view of Cui et al. (CN 110085868 A; hereinafter “Cui”; see attached machine translation for reference), as applied to claim 1 above, and in further view of Fukui et al. (US 10,651,506 B2; hereinafter “Fukui”).
Regarding claim 3, He discloses all of the claim limitations as set forth above.
He discloses a protective layer, but does not explicitly disclose the lithium metal secondary battery according to claim 1, wherein all surfaces on a negative layer side among surfaces of the protective layer perpendicular to the stacking direction abut against and are covered with an insulating layer.
Fukui teaches an insulating member being arranged around the laminate and contacted at least with the solid electrolyte layer (Col. 2, lines 14-16), wherein the laminate includes a positive electrode layer, a solid electrolyte layer, and a negative electrode layer (Col. 2, lines 11-13).
He, Cui and Fukui are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium secondary batteries.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified He to incorporate the teachings of Fukui to abut against and cover all of surfaces on a negative electrode layer side among surfaces of the protective layer perpendicular to the stacking direction with an insulating layer. Doing so would result in the electrical insulation of the positive electrode layer and the negative electrode layer from each other (Col. 2, lines 15-17), as recognized by Fukui.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Komatsu et al. (US 2022/0255078 A1) discloses a lithium secondary battery with a protective layer; and
Park et al. (US 2019/0341601 A1) discloses a protective layer that may contain a solid electrolyte.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA N LIZARAZU whose telephone number is (571)272-9697. The examiner can normally be reached Mon-Fri 7:30am-5:00pm.
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/JESSICA NICOLE LIZARAZU/Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725